Need Feedback Plz

[DjCrazyCat]

I Live In Oregon, I was Convicted Of A Felony Assault 4 against my wife, on May 17th 2010, Since Then i was orderd 36 mos probation, go in front of the judge once a month for dv court and attend a treatment class/program once a week for a year. my question is this.. here in oregon i guess its standerd protocal for them to give a no contact against my wife, she has not wanted this from the begining, its been almost 2 months that ive not been able to live at home, how long does this thing have to be in affect? also she has been trying to get it lifted too i guess, writing a letter n all for my p.o and my counselor of this class. there was never a set time for this no contact to be in place meaning i guess it was left open until further notice, also my other question is this .. is it standerd protocal for them to add on conditions of probation to submit to a polygrah at the direction of my p.o to dertermine complience with conditions of probation and treatment if theres no suspition given or i give her no reason for suspition to have me take 1 can she still order me on bc its on as a condition? this all being a domestic violence case,What is the name of your state (only U.S. law)? oregon

 

[cyjeff]

typically, the order of protection will be in place until you show the court it is no longer necessary.

Say, after you complete those anger management classes you were ordered to take.

You see, the court doesn't believe that you are really really sorry... they want proof.

 

[DjCrazyCat]

Feed back plz ty

Thanks For the Feedback.. i guess the proof is what they and then thats what they will get ,., my wife has since written letters and went to a lawyers office to have it edited and turn um into the p.o. n also my counselor for class so im thinkin a typical standerd no contact is what ? 4 mos ? minemun and or 6 ? idk lolz its been 2 mos already since this was put in place .. anyhow what are some reasonings if any that would make them suspitious or whatever to even tho its added on as a condition of my probation is to submit to a polygrah to determine complience with conditions of probation and treatment at the direction of the probation officer .. what exactly does at the direction mean? and what percentage rate in a felony assault 4 case for them to order to me to take 1? can it also the results be used in court and pay cost for one as it also states too ... if i give them no reason to think other wise can they still order me one ? thats all for here in roseburg oregon

 

[garrula lingua]

You can't own/possess a gun with that conviction, and the Judge who issued the 'Protective Order/RO/Stay away Order' is the one who can lift it.

Your wife will have to appear in front of that Judge and request that the stay away order be lifted. However, there are 'mandated reporters' for child abuse (law enforcement, court staff, Prosecutors), and they would notify CPS if there are children in your wife's house and she wanted to accept you back into the home.
She, usually, has to chose: you in the home, or her children. Not both. It is seen as incompetent supervision for her to allow you back around children.

 

[StevenJ_420Law]

You can't own/possess a gun with that conviction, and the Judge who issued the 'Protective Order/RO/Stay away Order' is the one who can lift it.

Your wife will have to appear in front of that Judge and request that the stay away order be lifted. However, there are 'mandated reporters' for child abuse (law enforcement, court staff, Prosecutors), and they would notify CPS if there are children in your wife's house and she wanted to accept you back into the home.
She, usually, has to chose: you in the home, or her children. Not both. It is seen as incompetent supervision for her to allow you back around children.

Are you sure about that? If you are sure, that is fine, but I would tread carefully if I were this OP.

Im guessing the OP cant just run out and hire an attorney..

He is a party to the action, she is not. He could end up in jail if they just go an appear together and she cant file into his case.. Many people end up in jail at this very time.. when they are reconciling.


There is likely a victims advocate type group (maybe CPS as was said), in my area we have a "Victim Witness" department within the DA that helps these things. The judge will be wanting 3rd party reassurance on this and may order the wife present too, so it may take a few hearings, classes, talking with an agency person, all that hell.

The OP might consider filing for a hearing in court (go to the clerk and ask how to set a hearing). And then talk with judge, maybe the judge will tell you what they want. Another option would be to locate your local free legal assistance resource (if you have one).

 

[DjCrazyCat]

thanks for all the info ... i know for sure that one of our daughters therepist has agreeed to counsel not only her still for her condition but also has since for the last month counceld me on a private basis shes also agreed to councel me n the wife in marriage councel if needed, CPS has let both me and my wife know the day i was arrested that when i am allowed back in the home that she will glady set up a post action supervision plan for a few months ,, on top of my 36 mos probation, reporting to my probation officer once a week, reporting to this S.A.F.E. Program ( spousel abuse class that im orderd to take and complete its a yr long class i attend once a week, also reporting to the judge once a month for as like an acting progress report from the councelor and my probation officer we will have alotta help and supervision,. i was wondering tho on what is the percentage rate for them to really give me a polygraph test to dertermine complience of conditions of probation and treatment .. and if so can they use the results in court ? ive heard from an attourney myself that its only in higher felony's like A And B ones they really use um and also for sex offenders but rarely in domestic violence cases,, when especially my wife has been fighting for me to be home pretty much since day one. she wrote a letter and has turned it in to a lawyer whos willing to help her our as much as he can for free with editing it i guess and probly putting it on a legal letter head and then i guess will either give it back to her to give to my P.O. and my teacher for this class or he will he giving it to them himself is that a good start ?

 

[garrula lingua]

Are you sure about that? If you are sure, that is fine, but I would tread carefully if I were this OP.

Im guessing the OP cant just run out and hire an attorney..

He is a party to the action, she is not. He could end up in jail if they just go an appear together and she cant file into his case.. Many people end up in jail at this very time.. when they are reconciling.


There is likely a victims advocate type group (maybe CPS as was said), in my area we have a "Victim Witness" department within the DA that helps these things. The judge will be wanting 3rd party reassurance on this and may order the wife present too, so it may take a few hearings, classes, talking with an agency person, all that hell.

The OP might consider filing for a hearing in court (go to the clerk and ask how to set a hearing). And then talk with judge, maybe the judge will tell you what they want. Another option would be to locate your local free legal assistance resource (if you have one).

Yes, I'm sure. She is a victim in a criminal case, and the subject of the Protective Order which was, probably, issued by the D.D.A..
Mom can go to the clerk and tell them she wants to address the Court about the stay-away order (without Dad present).

If Dad has a stay-away order as part of his probation terms, he has to appear in Court for any change of the probation terms.

The Judge can do whatever s/he wants as far as a continuance, investigation, report from CPS/probation/anger management counseling. It's entirely up to the Judge as to how they proceed, but Mom can ask and the Judge will, usually hear her (the Judge can refuse to hear the issue, also).

You appear to be thinking of a civil case & the issue of 'standing', which doesn't apply here. A Judge will want an assurance from Mom that she is safe & that there are mechanisms in place to ensure that violence will not reoccur (Judge does not want tomorrow's headlines to read: Woman Killed After Judge Lifts Restraining Order).

Personally, I sure wouldn't lift a RO two months after a felony criminal assault. Would you, if you were a Judge ?
Also, the Victim-Witness program has a very small budget & is geared to helping victims through the process... undoing a protective measure two months after a violent crime is not usually a function of the VW program.

 

[DjCrazyCat]

i see your point man, and i agree too, ive heard that its standerd protocal 4 to 6 mos to even consider being dropped and alowed back home, what does it mean when it states this ,, submit to a polygrah at the diection of the probation officer to determine complience with conditions of probation and treatment ( like my domestic violence class) the results can be used in court and im to pay the cost i guess, idk how rare are these things used? and are they used if say theres any suspition by the probation officer or is it a garentee they will use it anyway ,, ive heard from a mutual friend that she has written a letter and is goin to be mailing it to the judge and hand deliver to my probation officer as was sugested by this lawyer i guess, stating her feelings about the whole matter, but you are right the judge has final say on all of it either way

 

[st-kitts]

You seem very concerned about the polygraph test. Why?

If you comply with the terms of your probation, you should be able to pass the poly, if one is ordered. They are very neat tools and actually pretty effective in the hands of skilled polygrapher.

 

[StevenJ_420Law]

You appear to be thinking of a civil case & the issue of 'standing', which doesn't apply here. A Judge will want an assurance from Mom that she is safe & that there are mechanisms in place to ensure that violence will not reoccur (Judge does not want tomorrow's headlines to read: Woman Killed After Judge Lifts Restraining Order).

No, actually thats not what I'm thinking at all. There are parties in a criminal action the SAME as a civil action.. hence the name of cases.. People vs whoever. Personally, I think you are just pulling something out of the air, a random guess.. but maybe not. Have you ever been involved in criminal DV cases with CPOs or is this a W.A.G.?

Me? I'm thinking of CA law where a victim cannot set a court date or appear ex parte to request anything at any point, let alone after adjudication, in a criminal matter because they are not a party to the action. I guess you are stating that being a victim makes one a party to the action and they now can move the court in someone else's matter.. I dont agree in principle with that idea. The court is only moved by the parties in the action - the people or the defendant.

Could she appear ex parte and ask the judge to give him more jail time? Maybe shes still mad and wants him to have some more time in the pokey. She could just set a court date into this guys case and just chat it up with Judge? He couldnt stop it or rebut anything said??? That's Oregon law, of which you are familiar? If true, that is horrible. But its not true, because it would be unconstitutional (just FYI). Probably worse than the ole constituion.. it would be a pain in the ass for a court if every time a victim with a CPO got ticked off or cooled off they could run and set a ex parte hearing before a judge. It's obvious you have never dealt with these people in cases like this.

If you are sure for OR law that she can set a court date and appear ex parte in a criminal case (I would like to see this in writing from a credible source since you are so sure) and move the court in someone else's case by talking to a clerk in Oregon, thats fine. OP can let us know how that goes.

Since OP has a probation officer, I think OP needs to continue to go through his probation officer for best results. They can file modifications that will have sway with the court.

 

[DjCrazyCat]

Skitts i have never been on probation before this and it was just a curiosity question on the whole deal on trying to find out if its really mandated or being at the direction of the probation officer meaning "if" she sees or finds reasonable suspitions or w/e to proceed with the polygragh test or not ?

lol theres nothing im not doing that i am not supposed to do, and ive even found me a job like the second week of being on probation, that made the probation officer happy to hear that and im sure it will the judge, but seeing im the defendent in this case and i really dont have a say in anything like others may like my wife for example or the teacher of this DV class im attending or another family member or even the pshycietrsit or my probation officer.

is it wrong for the wifey and the family to feel sumwhat punished too for the courts to be keeping us seperated and for the kids to think that it was their fault for not being good as a reason they took me away.. being they are only 6 yrs old. and truthfully i think whats hurting the most is that there being no set time on it like say 3 mos or 6 mos or whatever ,, instead it was left open till and for dertermination when it will be lifted ,, ive heard standerd is 4 to 6 mos .. but even then theres no gaurentee's i will be allowed home, but everyones cases are diff and i know in this case this was a 1st time thing between us and we never even argued or anything unless it was me that was drinking, go figure,, but will all the supervision thats goin on plus cps too will be involved as a percautionary messure for post supervision after im let back in the home i see no reason why they cant grant my wifes wishes n all the kids too and allow me to be home again and still continue doing all im doing there and not having to temp stay at my mother n laws lol... but eh .its not up to me its up to god n the judge i guess

 

[DjCrazyCat]

steven 420 .. u seem really well educated in all of this and have really given some deep feed back and i appreciate it.. only god knows if this letter that was written up by the wife and was approved by a lawyer to proceed forward with mailing one into the judge and hand deliver'ng one to my probation officer will be good enuff or not to go to the judge.. we will have to wait n see i guess its a situation from what im understanding where not only myself is powerless here but also my wife who never wanted them to take me away in the first place , but there again idk **** my best thinkin at the time got me in this mess, maybe she has pull maybe she doesnt idk , thats not for me to know

 

[StevenJ_420Law]

I would be consideing going to the clerks window and asking the clerk how to set an immediate exparte hearing for a sentence modification re CPO. There may be a form, particular calendar, or a proceedure to get into court. Then explain to the judge and judge cann tell you what he wants to happen and perhaps set a future date (or you/he can deal with it on a dv review).

This situation is very very common and there will be a proceedure that this judge wants to happen before he will lift the order. I only know my area and what they want and here, it is very difficult and people work very hard to get these lifted.

The letter she sent to the judge is not likely going to do anything, but you never know. In my court it wouldnt even make it past the clerks to get to get to the judge ... but I dont know that court...again though, a letter from a victim is by a person who is not a party to the action and courts cannot be moved by that.

Unfortunately, there doesnt appear to be anyone answering familiar with oregon law/proceedures so your best bet (since you dont/cant get a lawyer) will be local self help legal resources, your probation officer, or the judge himself telling you what he wants done.

I'd keep checking back, it seems to me there was someone who works within Oregon law posting on some other thread at some point.. maybe they'll show up.

Good luck to you and your family. Hope it all works out.

 

[Just Blue]

Steven...Are yu aware that GL is a site vetted attorny?

 

[StevenJ_420Law]

Well, no, there is no way to know that (and I still dont know that) when he posts things like criminal matters dont have parties to the action or:

"Yes, I'm sure. She is a victim in a criminal case, and the subject of the Protective Order which was, probably, issued by the D.D.A.. "

One might think he has no clue what he is talking about. How could I possibly know that when he thinks CPOs are issued by a DDA or that criminal cases have no parties?